Mediation and arbitration are commonly used forms of alternative dispute resolution in Florida. While many use these terms interchangeably, there is a critical distinction between mediation and arbitration. During mediation, the mediator assists the parties in communicating to reach a mutually acceptable and voluntary agreement. In contrast, during arbitration, an…
Following a major car accident, it may be obvious who was at fault and who caused the accident. Sometimes, however, car accidents are not as clear cut. In accidents with complex timelines, multiple parties, and conflicting testimony from witnesses and those involved, it can often become messy very quickly to…
South Florida drunk and impaired driving accidents are a far-too-common occurrence. According to the National Highway Transportation Safety Administration (“NHTSA”), millions of people choose to drive while under the influence of drugs and alcohol each year. Impaired driving contributes to over 800 deaths in Florida every year and often claims…
According to the Centers for Disease Control (“CDC”), motor vehicle accidents are the second leading cause of death for teenagers. Further, the Florida Department of Transportation (“FDOT”) reports that teen-related accidents dramatically increase between the “100 Deadliest Days”, the period between Memorial Day and Labor Day. Approximately seven teenagers die…
The Supreme Court of Florida recently approved the district court’s decision in a negligence case related to a slip-and-fall. The plaintiff sought to recover past medical expenses due to the fall on the defendant’s property. A jury awarded the plaintiff $34,642 for past medical expenses. On appeal, the plaintiff argued…
Slip-and-falls and trip–and-falls are common occurrences on cruise ships and cause hundreds of injuries every year. Floridians who slip and fall or suffer another injury upon a cruise ship may bring a negligence or wrongful death claim against the responsible party. While these cases seem straightforward, they are rarely cut-and-dry,…
Those who board a cruise ship for work or vacation have the right to expect a safe, healthy environment with reasonable accommodations. Cruise ship companies and their crew have a duty to ensure safe transportation, including maintaining safe premises. Further, cruise ships departing from Florida ports are considered common carriers…
As offices begin a return-to-work plan, Florida is set to experience an influx of daily commuters. Although traveling to work is a necessary part of many people’s lives, daily travel can pose risks to commuters. Those who commute the same way to work every day often feel a sense of…
An appeals court recently addressed an arbitration agreement contained in a residency agreement on behalf of a Florida assisted living resident. The assisted living facility (“ALF) appealed a trial court’s order denying their motions to dismiss and to compel arbitration under an arbitration agreement. The case arose when the resident’s…
Florida maintains statutes that limit the amount of time claimants have to file their civil lawsuits in court. The statute of limitations for personal injury cases is generally four years from the date of the incident. If a claimant fails to file their claim within this time, the court will…